Art. 44 - Derogations - Directive 2009-72

Article 44

Derogations

1. Member States which can demonstrate, after this Directive has been brought into force, that there are substantial problems for the operation of their small isolated systems, may apply for derogations from the relevant provisions of Chapters IV, VI, VII, and VIII, as well as Chapter III, in the case of micro isolated sys­ tems, as far as refurbishing, upgrading and expanding existing capacity are concerned, which may be granted to them by the Commission. The Commission shall inform the Member States of those applications before taking a decision, taking into account respect for confidentiality. That decision shall be published in the Official Journal of the European Union.

2. Article 9 shall not apply to Cyprus, Luxembourg and/or
Malta. In addition, Articles 26, 32 and 33 shall not apply to Malta.

For the purposes of Article 9(1)(b), the notion ‘undertaking per­ forming any of the functions of generation or supply’ shall not include final customers who perform any of the functions of gen­ eration and/or supply of electricity, either directly or via under­ takings over which they exercise control, either individually or jointly, provided that the final customers including their shares of the electricity produced in controlled undertakings are, on an annual average, net consumers of electricity and provided that the economic value of the electricity they sell to third parties is insig­ nificant in proportion to their other business operations.